. /.   WORLD TRADE  
ORGANIZATION  G/SPS/W/231 
21 October 2008 
 
 (08-5053) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
TRANSITIONAL REVIEW MECHANISM PURSUANT TO PARAGRAPH 18  
OF THE PROTOCOL ON THE ACCESSION OF THE  
PEOPLE’S REPUBLIC OF CHINA ("CHINA") 
 
Questions from the Europe an Communities to China 
 
concerning Sanitary and Phytosanitary Measures  
 
 
 The following communication, received on 9 October 2008, is being circulated at the request 
of the Delegation of the European Communities.  
 
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I. GENERAL COMMENTS 
1. The European Communities (EC) would like to take this opportunity to welcome the further 
improvements in the relationship between the People' s Republic of China (hereinafter referred to as 
"China") and the European Comm unities.  The European Communities notes also improvements in 
the bilateral consultations between the Chinese au thorities and EC member States.  The European 
Communities believes that our bilateral consultations are essential to build mutual trust and the better 
understanding indispensable to forging strong relationships. 
2. Nevertheless the European Communities regret s the lack of progress in negotiations on 
certain bilateral protocols between China and EC member States.  In this respect the European 
Communities invites China to accelerate these negotiations  in order to avoid undue procedural delays. 
3. The European Communities acknowledges that with the increase in trade this work is growing 
and encourages China to dedicate more resources to this new task consistent with the responsibilities 
that follow from membership of WTO. 
4. The European Communities notes th at China has not yet aligned its legislation to several 
international standards. In this respect the Eu ropean Communities highlights the importance for all 
countries to harmonise their legislation with intern ational standards.  Alternatively, a scientific 
justification should be submitted to  support different standards.  
II. SPECIFIC EC CONCERNS ON THE A PPLICATION OF THE SPS AGREEMENT  
5. The European Communities would like to highlight  the currently limited market access for its 
food products to China.  Among the specific concer ns of the European Communities are in particular 
the following: 
 
 G/SPS/W/231 
Page 2  
 
  A. A
NIMAL HEALTH STANDARDS  
6. With reference to animal h ealth, the European Communities is concerned about China's 
interpretation of the World Organization for Animal Health (OIE) guidelines on BSE.  In this respect, 
the European Communities would like to remind China that the OIE issued a list of bovine products 
which can be safely traded, regardless of the BSE status of the exporting country.  Among these 
products is de-boned skeletal muscle meat from ca ttle 30 months of age or less.  Moreover 25 EC 
member States have now been classified during the last OIE session either as "controlled risk" or "negligible risk".  Despite these OIE guidelines an d classification, beef and other bovine products 
from EC member States are still banned.   
7. The European Communities has comprehensiv e measures in place aimed at assuring the 
highest level of consumer protection. Among these are a strict feed ban, strict controls on Specific 
Risk Materials and active surveillance.  Although th e European Communities offe rs the highest health 
guarantees to its trade partners, China has not allowe d the trade of products from animals aged less 
than 30 months.  
8. Therefore the European Communities would like to request China: 
• To open its market to EC exports in these products;  or alternatively to justify, by 
scientific reasons, the restrictions on the products that under the OIE list can be safely 
traded as well as for all the other prod ucts originating from EC member States 
 
B. P
LANT HEALTH STANDARDS  
9. The European Communities considers that co mpliance with the Chinese plant regulatory 
import system is unjustifiably difficult. Many of the import requirements go beyond the IPPC 
recommendations and the SPS Agreement.  The European Communities looks forward to an 
acceleration of procedures for protocols by China. 
C. MICROBIOLOGICAL CRITERIA  
10. The European Communities is concerned about the enforcement of food controls in China 
that place excessive reliance on end-product testing, which often creates a significant barrier to trade. 
In particular, reference is made to certain microbiological criteria such as for E. Sakazakii  and others.  
The zero tolerance level applied also for products not intended for infants is not in line with the 
Codex, and is unnecessarily trade restrictive within th e meaning of Article 5 of the SPS Agreement.  
This creates serious problems for trade in dairy pr oducts.  The European Co mmunities is fully aware 
of the gravity of the current situation in China as regards milk products but wishes to note that the 
deviation from Codex standards remains unacceptable. 
11. In this respect the European Comm unities would like to request China: 
• To present the scientific ev idence that leads their authorities to deviate from the 
Codex standards and to explain the reason fo r the lack of notification of its national 
legislation, regulation and standards. 
 
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